Financial Services

We serve as legal counsel to South Africa's major banking groups and a number of the major international banks. We are often mandated to advise on banks' lending arrangements and compliance with the South African banking and financial services regulatory framework. Our mandate for foreign banks at times extends to advising on the establishment of representative offices in South Africa and related aspects of the regulatory framework.

We also advise borrowers from the public and private sector, and many financial services providers and other organisations that have direct and indirect interests in lending arrangements. These organisations include asset managers, developmental finance institutions, private equity funds, insurance underwriters, rating agencies, security trusts and guarantors.

Areas of specialisation include:

• Hedge Funds and Collective Investment Schemes -
  advising on the establishment and operation of hedge funds and collective investment schemes, as well as the structuring of new products
• Derivatives - advising on the conclusion of and documentation in respect of exchange-traded derivatives (including futures, options and swaps) using ISDA Master Agreements, as well as over-the-counter derivatives
• Insurance and Retirement Funds - advising on all aspects of insurance law and drafting of insurance policies, advising pension and provident fund administrators and trustees
• Financial Markets and Financial Service Regulation -
  advising on all aspects of primary and secondary legislation governing financial markets and financial services (including the Securities Service Act, Financial Advisory and Intermediary Services Act, the National Credit Act and anti-money-laundering legislation) and making submissions to the industry regulator on behalf of clients
• Safe Custody and Administration of Securities -
  advising on and drafting agreements and other documentation required in respect of safe custody arrangements
• Securities Lending -
  advising on and drafting various types of securities lending arrangements, including arrangements using ISLA Master Agreements